Borders, Citizenship and Immigration Bill [HL]

These amendments, tabled in the name of my noble friend Lord West, make changes to Clauses 37, 38, 44 and 45. The Government regret the omission of these clauses in the earlier published Bill. Amendments 50 and 53 amend Clause 37 to provide that, on the date of the application for naturalisation, one of the acceptable forms of status is for an applicant to have a qualifying common travel area entitlement. We are amending Clause 37 to provide that a qualifying immigration status includes a qualifying CTA entitlement. Amendments 50 and 53 are designed only to ensure that Clause 37 corresponds with the common travel area arrangements for Irish nationals, not to expand the rights given to Irish nationals more generally. This amendment therefore covers only Irish nationals arriving on local journeys from within the common travel area and not those arriving from outside the common travel area. Amendments 58, 60 and 64 to 76 amend Clause 38 so that, where Irish nationals arrive in the UK pursuant to a CTA entitlement, or Commonwealth nationals enter the UK with a right of abode, they should be able, unlike other migrants, to qualify for naturalisation under Section 6(2) of the British Nationality Act 1981 even where their status in the UK is not based on a relevant family association. Relevant persons who enter the UK with a CTA entitlement or a Commonwealth right of abode will be able to qualify for the shorter period for naturalisation where they are in a relevant family association for the whole of the qualifying period. Amendment 107 provides that an Irish national who is in the UK, having arrived on a local journey from Ireland or the islands under Section 1(3) of the Immigration Act 1971, is not considered to be in breach of the immigration laws. The amendment will be limited to Irish nationals exercising rights to arrive in the UK without obtaining leave under Section 1(3), which will exclude Irish nationals who are not entitled to enter the UK under Section 1(3), as well as Irish nationals who do not arrive in the UK on a local journey from Ireland or the islands. The requested amendment is designed only to ensure that Clause 44 corresponds with the common travel area arrangements for Irish nationals, not to expand the rights given to Irish nationals more generally. Amendment 108 to Clause 45 is necessary to provide a definition of what we mean by a qualifying CTA entitlement. I beg to move.